SURAJ SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this group of three criminal miscellaneous applications, the common petitioner has, virtually, raised a common question. Therefore, upon consensus, they have been heard together and now, are being disposed of by this common judgment order.

(2.) In all these cases, the accused petitioner has invoked the jurisdiction of this Court for the exercise of power under Section 407 of the Code of Criminal Procedure, 1973 (Cr. P. C.) for transfer of three cases, namely. Sessions trial No. 142 of 1995. pending before Fact Track Court 1, Begusarai (in Cr. Misc. No. 28169 of 2006). G. R. Case No. 919 of 1994, arising out of Barauni P. S. Case No. 150 of 1994, pending before the Judicial Magistrate, 1st Class, Begusarai (In Cr. Misc. No, 30170 of 2006) and Sessions Case No. 275 of 1993, pending before the Past Track Court IV, Begusaraj (In Cr. Misc, No. 27753 of 2006), to any other Court of competent jurisdiction in the State of Bihar, but. outside the district of Begusaraj, mainly, on the ground of delay, without making any specific ground or averment or even assertion. At the time of oral submission, a request was made for transfer of these cases to any Fast Track Court in the judge ship of Patna district.

(3.) The learned counsel for the petitioner. Mr. Ajay Thakur and the learned Advocate General. Mr, P. K. Shahi have addressed this Court. The learned counsel for the petitioner has also, orally, submitted that there is long delay in trial and there is no objection on his part for day to day basis trial of all these three cases. He has fairly contended that there is no allegation or any specific ground for transfer except long delay in trial.